Insights by Jennifer Gaster
The latest Ministry of Justice statistics show an 18% year‑on‑year rise in employment tribunal claims. It’s a sharp increase — and one that reflects deeper pressures across UK workplaces. Tribunal claims rarely rise in isolation. They tend to signal a broader uptick in conflict, unresolved issues, and organisational strain. And right now, the data suggests exactly that.
Several converging factors are shaping this trend: economic uncertainty, restructures, cost‑of‑living pressures, and shifting expectations around fairness, flexibility, and wellbeing. When these tensions aren’t addressed early, they escalate — and tribunal claims become the visible outcome.
The MoJ data aligns with what many organisations are experiencing internally: higher ER case volumes and greater case complexity. CIPD’s People Profession 2024 report highlights a rise in formal procedures, particularly grievances and conduct cases, while Acas has reported sustained demand for early conciliation support. Across the board, we’re seeing increases in:
- Grievances
- Disciplinaries
- Performance and capability cases
- Flexible working disputes
- Wellbeing‑related concerns
Each of these contributes to a heavier ER caseload long before a tribunal claim is ever filed. For HR teams, the implications are significant. We are seeing a rising administrative load, increased legal exposure, capability gaps being exposed, reduced strategic bandwidth as teams react to the need and subsequently, the risk of burnout.
The labour market is reflecting this pressure. According to ONS, LinkedIn hiring data, and our own experiences at HR Heads, ER‑specific vacancies have risen steadily over the past 18 months, with many organisations recruiting:
- Employee Relations Partners
- ER Specialists
- ER Managers
- Internal Investigators
This growth in ER hiring is a direct response to rising case volumes, increased complexity, and the need to mitigate tribunal risk. The Government’s evolving employment law agenda — including measures within the Employment Rights Bill and related reforms — is set to expand employee protections and strengthen individual rights. Proposals such as enhanced redundancy protections, stronger rights around flexible working and tighter rules on zero-hours and atypical contracts will inevitably increase the number of issues that require formal ER intervention.
More rights mean more obligations for employers — and more potential for disputes when processes aren’t followed consistently. As these changes come into force, HR teams can expect:
- Higher case volumes, as more employees become eligible for claims
- Greater procedural scrutiny leading to increases the risk of technical breaches
- More complex casework, particularly around dismissal, consultation, and contract variation
The legislative direction of travel points to more ER activity, not less. Organisations that invest now in capability, consistency, and early resolution will be far better placed to navigate what’s coming.
